HELP!!!

Please can anyone help.

I have 2 cases ongoing where DWP have made decisions that they are co-habiting and stopped benefit after receiving visits from them. On both occsssions both clients appealed but DWP lost paper work so cant look at original decision again.
DWP say they want to send another officer so can look at decision again.

I think this is flawed if they (DWP) have no evidence to suport their previous decision to withdraw benefit then they should re instate benefit back to the previous decision until another revision of benefit is done.

However I cannot put my finger on the actual regulation to use in these cases. Can anyone help please!

Kind regards Nigel

1. If they have no paperwork, then they have no evidence and therefore no case.
2. The fact they have lost the paperwork has no bearing on your client's right to appeal the decision.

If not already done so, you should be asking for an immediate recon of the decision, together with a polite request for a copy of all evidence used in making the decision.

The suggestion that they would like to send another Officer is almost surreal....

Hi thanks for that.

I have already asked that they revise the decision and put the benefit back in payment. I have alsos sent copies of GL24 etc.

DWP just keep saying its better for them.

There must be legislation on this or a regulation i can use but i cant find it.

Can u help please

kind regards

nigel

If we are talking about an overpayment occuring then Social security Administartion act 1992 Sec 71 5b says except where regulations otherwise provide an amount shall not be recoverable under subsection 1 unless it has been determined on appeal or review that the amount is so recoverable.